Casasanta v. Canada (Minister of Human Resources Development)
Court headnote
Casasanta v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2002-12-11 Neutral citation 2002 FCA 495 File numbers A-355-01 Decision Content Date: 20021212 Docket: A-355-01 Neutral citation: 2002 FCA 495 CORAM: STONE J.A. SHARLOW J.A. MALONE J.A. BETWEEN: GAETANO CASASANTA Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Toronto, Ontario, on Wednesday, December 11th, 2002. Judgment delivered from the Bench at Toronto, Ontario, on Wednesday, December 11th, 2002. REASONS FOR JUDGMENT OF THE COURT BY: MALONE, J.A. Date: 20021212 Docket: A-355-01 Neutral citation: 2002 FCA 495 CORAM: STONE J.A. SHARLOW J.A. MALONE J.A. BETWEEN: GAETANO CASASANTA Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on Wednesday, December 11th, 2002.) MALONE, J.A. [1] The applicant seeks judicial review of a negative decision of the Pension Appeals Board (the Board) rendered on May 2, 2001 relating to a disability pension. The uncontradicted evidence of the applicant, as set out in his affidavit in support of his application for judicial review, is that on the date of the hearing before the Board, he was affected by pain medications to the extent that he was unable to follow the proceedings. He also has difficulty with English, his first language being Italian, was self represented and thus was unfamiliar with the pr…
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Casasanta v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2002-12-11 Neutral citation 2002 FCA 495 File numbers A-355-01 Decision Content Date: 20021212 Docket: A-355-01 Neutral citation: 2002 FCA 495 CORAM: STONE J.A. SHARLOW J.A. MALONE J.A. BETWEEN: GAETANO CASASANTA Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Toronto, Ontario, on Wednesday, December 11th, 2002. Judgment delivered from the Bench at Toronto, Ontario, on Wednesday, December 11th, 2002. REASONS FOR JUDGMENT OF THE COURT BY: MALONE, J.A. Date: 20021212 Docket: A-355-01 Neutral citation: 2002 FCA 495 CORAM: STONE J.A. SHARLOW J.A. MALONE J.A. BETWEEN: GAETANO CASASANTA Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on Wednesday, December 11th, 2002.) MALONE, J.A. [1] The applicant seeks judicial review of a negative decision of the Pension Appeals Board (the Board) rendered on May 2, 2001 relating to a disability pension. The uncontradicted evidence of the applicant, as set out in his affidavit in support of his application for judicial review, is that on the date of the hearing before the Board, he was affected by pain medications to the extent that he was unable to follow the proceedings. He also has difficulty with English, his first language being Italian, was self represented and thus was unfamiliar with the procedures. [2] There is no reason to believe that the Board was aware of any these difficulties. He did not advise the Board of these problems, nor did he ask for an adjournment. However, we are all of the view that in these highly unusual circumstances, and without ascribing any fault to the Board, the applicant cannot be said to have had a fair hearing. [3] For that reason, we will allow this application for judicial review with costs, set aside the decision of the Board, and refer the matter back to the Board for redetermination by a newly constituted panel. The new panel is directed to consider whether an interpreter will be required. "B. Malone" J.A. FEDERAL COURT OF CANADA APPEAL DIVISION Names of Counsel and Solicitors of Record DOCKET: A-355-01 STYLE OF CAUSE: GAETANO CASASANTA Applicant - AND - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent DATE OF HEARING: WEDNESDAY, DECEMBER 11, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: MALONE, J.A. DATED: THURSDAY, DECEMBER 12, 2002 JUDGMENT DELIVERED FROM THE BENCH ON WEDNESDAY, DECEMBER 11, 2002. APPEARANCES BY: Mr. Gaetano Casasanta For the Applicant on his own behalf Ms. Mary Tobin Oates For the Respondent SOLICITORS OF RECORD: Mr. Gaetano Casasanta For the Applicant on his own behalf Morris Rosenberg Deputy Attorney General of Canada For the Respondent
Source: decisions.fca-caf.gc.ca